Civil Law – Jurisdiction of Execution Court – Specific Performance – Rescission of Contract – The Supreme Court considered whether the Execution Court had jurisdiction to entertain applications for rescission of a contract and for the extension of time to deposit balance sale consideration under Section 28 of the Specific Relief Act, 1963, when the decree was passed by an appellate court. The Court held that the Execution Court, being the court of first instance, retained jurisdiction to entertain such applications, emphasizing that the decree passed by an appellate court is considered as being passed in the same suit. The Court further clarified that the applications should be treated as interlocutory applications in the original suit rather than in execution proceedings. [Paras 15-19]

Equitable Relief – Extension of Time to Deposit – Substantial Justice – The Supreme Court upheld the Execution Court’s decision to allow the decree-holder to deposit the balance sale consideration despite a delay. The Court noted that the decree-holder had consistently shown an intention to comply with the decree, and the delay was not due to any fault on their part. The decision emphasized the discretionary nature of the relief under Section 28 of the Specific Relief Act, 1963, aimed at ensuring substantial justice rather than penalizing procedural delays. The Court also refused to interfere under Article 136 of the Constitution, stating that technicalities should not override the interests of justice. [Paras 23-30]

Decision – Appeal Dismissed – The Supreme Court dismissed the appeal, affirming the Execution Court's jurisdiction and its decision to extend the time for deposit, thereby allowing the decree-holder to obtain specific performance of the contract. [Paras 31-32]

Bail – Parity with Co-Accused – Prolonged Custody – The appellant, Sunil, sought bail on the grounds of parity with ten co-accused who had already been granted bail and the fact that he had been in custody for over a year – Held: The fact that ten other co-accused are already out on bail and that the trial is likely to be long due to the number of accused and witnesses justifies the appellant's request for bail – Bail granted subject to conditions [Paras 5-6, 15].

Absconding Accused – Delayed Apprehension – The respondent argued against granting bail on the grounds that the appellant had absconded for seven months after the alleged crime – Held: While the appellant’s absconding is a factor to be considered, it is not sufficient by itself to deny bail, especially when the charges have already been framed and several other co-accused have been granted bail [Para 6].

Conditions for Bail – Trial Court Discretion – The Court directed that the appellant be released on bail subject to conditions to be imposed by the Trial Court – The appellant is required to cooperate fully in the trial, and any violation of bail conditions will lead to cancellation [Para 16].

Decision:

Bail granted. The appellant is to be produced before the concerned trial court and released on bail subject to conditions imposed by the trial court. The appellant must cooperate fully with the trial, and any misuse of liberty will result in cancellation of bail.

Family Law – Divorce by Mutual Consent – Mediation and Settlement – Dissolution of Marriage – The petitioner sought transfer of the divorce petition initiated by the respondent from Vadodara to Pune – During the proceedings, the parties were referred to the Supreme Court Mediation Centre, where they reached a settlement – The terms of settlement included dissolution of the marriage under mutual consent, division of assets (Stridhan), payment of permanent alimony of Rs. 17,00,000 to the petitioner, and settlement of all pending disputes between the parties, including withdrawal of criminal cases and domestic violence complaints – The Supreme Court, exercising its powers under Article 142, dissolved the marriage and directed the parties to abide by the terms of the settlement [Paras 2-6].

Article 142 of the Constitution – Scope of Powers – Divorce by Mutual Consent – The Supreme Court exercised its extraordinary powers under Article 142 to dissolve the marriage between the parties, even though the original petition was for transfer of a family suit – The mutual consent of the parties and the terms of settlement were considered appropriate for the Court to pass a decree of divorce by mutual consent in the interest of justice [Paras 6-7].

Settlement Agreement – Stridhan and Alimony Settlement – No Further Claims – The settlement agreement provided for the return of the petitioner's Stridhan and the payment of Rs. 17,00,000 as full and final settlement for permanent alimony – The petitioner agreed to withdraw all pending criminal and civil proceedings against the respondent, and both parties agreed not to have any further claims against each other [Para 5].

Criminal Procedure – Section 311 of CrPC – Recall of Witnesses – Judicial Discretion – The petitioners sought to recall and re-examine several prosecution witnesses, claiming that their previous lawyer had not conducted a proper cross-examination – The trial court rejected this application, and the High Court affirmed the decision – The Supreme Court held that the recall of witnesses under Section 311 is discretionary, and such power is to be used only when the evidence is essential to the just decision of the case – The vague contention of improper cross-examination was not a sufficient ground for recalling the witnesses, and the petitioners were found to be attempting to fill in a lacuna in their defense – Petition dismissed [Paras 6-9].

Section 311 CrPC – Principles for Recalling Witnesses – The Supreme Court reiterated the principles for exercising the power under Section 311, as laid down in Rajaram Prasad Yadav vs. State of Bihar, emphasizing that recalling witnesses should be done judiciously and not arbitrarily, and only if it is essential to the just decision of the case – The petitioners' plea was found to lack merit as no substantial prejudice to the defense was demonstrated – No infirmity found in the High Court's order [Para 7].

Filling Lacuna – No Grave Prejudice to Accused – The Court observed that the prayer to recall the witnesses was merely an attempt to fill in the gaps in the defense, which is not permissible under Section 311 – The petitioners failed to show that the non-summoning of witnesses for further cross-examination would cause grave prejudice, or that it was essential for a fair decision – No grounds for recall or re-examination [Para 9].

Decision – Petition Dismissed – No Merit Found – The Supreme Court upheld the decisions of the trial court and the Gauhati High Court, dismissing the Special Leave Petition – The petitioners' request to recall and re-examine the prosecution witnesses was found to lack merit, and no substantial prejudice to the accused was demonstrated – SLP dismissed [Paras 10-11].

Medical Admission – Disability and Eligibility for NEET – The petitioner was disqualified from NEET admission based on a speech and language disability of 44%, as per existing regulations disqualifying candidates with disabilities exceeding 40%. The Supreme Court, referencing a similar precedent, directed the Dean of Byramjee Jeejeebhoy Government Medical College, Pune (BJGMC) to constitute a Medical Board to independently assess whether the petitioner's disability would impede the pursuit of an MBBS degree. The Medical Board's examination and report are to be conducted and submitted by 07.09.2024, with the matter listed for further hearing on 09.09.2024 [Paras 1-8].

Decision: The petitioner's NEET seat is to be kept vacant until further orders. The Medical Board's findings will determine the petitioner's eligibility for the course [Para 10].

Stamp Duty – Imposition of Penalty – The appellant challenged the trial court’s order directing payment of ten times the deficit stamp duty penalty under Section 34 of the Karnataka Stamp Act. The appellant contended that the penalty should not have been imposed at the interlocutory stage and instead argued for the application of Section 37(2), allowing for a determination of penalty by the District Registrar. The Supreme Court rejected this argument, affirming the applicability of Section 34 based on the appellant’s prior consent to the court’s decision, and upheld the penalty imposition [Paras 1-12].

Specific Performance – Suit Agreement – The appellant sought specific performance of an agreement of sale dated November 04, 1996, and the cancellation of a subsequent sale deed. The trial court imposed a significant penalty on the deficit stamp duty due to the agreement’s inadequate stamping. The Supreme Court confirmed that the trial court was correct in invoking Section 34 of the Act and that the appellant could not retroactively opt for a different procedure under Section 37(2) [Paras 2-9].

Decision: Appeal dismissed. The Supreme Court upheld the trial court’s decision to impose a ten times penalty on the deficit stamp duty, affirming that the appellant’s request to reconsider under a different section was not permissible. No order as to costs [Paras 11-12].

Stamp Act – Applicability of Sections 33, 34, 37, and 39 of the Karnataka Stamp Act, 1957 – Agreement of sale with possession considered as conveyance – Insufficiently stamped instrument – Jurisdiction of trial court under Section 34 to impose ten times penalty questioned – High Court upheld penalty but Supreme Court found it premature – Direction for instrument to be sent to District Registrar under Section 39 for determination of duty and penalty [Paras 14-23].

Discretionary Jurisdiction – Distinction between powers of trial court under Section 34 and District Registrar under Section 39 – Supreme Court clarified that the trial court lacks discretion to reduce penalty under Section 34, while the District Registrar under Section 39 has the discretion to impose an appropriate penalty – Trial court’s imposition of ten times penalty deemed illegal at the premature stage – Matter directed to be handled by District Registrar [Paras 14.1-14.2, 17-22].

Decision – Appeal Partly Allowed – Held – The appeal is allowed in part; the Supreme Court set aside the trial court's imposition of ten times penalty and directed the matter to the District Registrar for determination of the proper duty and penalty. The instrument is to be admitted in evidence upon compliance, with all other objections reserved for consideration [Paras 23-24].

Arbitration – Applicability of Arbitration Act vs. Madhya Pradesh Arbitration Tribunal – Section 7, Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 – Arbitration clause in contract – Jurisdictional conflict resolved in favor of the Arbitration Act – High Court set aside award based on 1983 Act – Supreme Court reinstates appeal for merits consideration – Held – High Court's judgment set aside – Case remanded for fresh consideration without setting aside the award solely on jurisdictional grounds. [Paras 1-10].

Article 142 – Exercise of Jurisdiction for Complete Justice – Failure to raise objection at the appropriate stage – Supreme Court intervenes to ensure fair adjudication – High Court directed to decide the appeal on merits without jurisdictional technicalities undermining justice. [Paras 7-10].

Decision – Appeals Allowed – High Court’s judgment set aside – Appeal under Section 37 of the Arbitration Act restored for merits-based adjudication – Deposit of the awarded amount required pending final decision. [Paras 8-10].

Criminal Law – Quashing of Proceedings – FIR under Section 406 IPC and Section 6 of Dowry Prohibition Act, 1961 – Complainant filed an FIR against his daughter’s former in-laws alleging non-return of 'stridhan' – Supreme Court quashed the proceedings based on the absence of evidence to prove the entrustment of property and misappropriation by the accused – The Court highlighted the principle that a woman holds absolute ownership of her 'stridhan' and only she has the authority to claim it – Delay of over 20 years in filing the complaint and the complainant’s lack of locus standi further invalidated the case – Appeal allowed and proceedings quashed [Paras 9-20].

Evidence Evaluation – Lack of Proof of Entrustment – The Court found no evidence of the complainant having entrusted the 'stridhan' to the accused – The complainant’s claims were unsupported by any documentation or witness testimony – Previous divorce settlements had already resolved all property disputes – The Court reaffirmed that the complainant, not being the owner of the 'stridhan,' had no legal standing to file the FIR – [Paras 14-16].

Decision – Quashing of Criminal Proceedings – Held – The Supreme Court quashed the FIR and all proceedings arising from it due to lack of evidence, absence of legal standing, and the significant delay in filing the complaint – The judgment emphasizes the misuse of criminal proceedings as a tool for harassment and reaffirms the sole authority of women over their 'stridhan' – [Paras 17-21].